Teamster’s frivolous lawsuit against Mexican trucks and OOIDA’s Intervention

Truck enters 20km check south of Nogales SonoraIf anyone is wondering why nothing has been written about the Mexican truck issue, it’s for a very good reason. As the data from FMCSA has proven, it’s always been a non-issue.

Since FMCSA began issuing permanent operating authority to Mexican carriers the first of the year, only three, other than the Pilot Program participants have applied for, and received, operating authority in the United States. However, during and after the Pilot Program, more than 700 “Enterprise” carriers, applied for and received permanent operating authority.

An “Enterprise Carrier” is  company that transports international cargo (excluding household goods) and is headquartered in the United States, but is owned or controlled (greater than 55%) by a Mexican citizen or resident alien. International cargo must originate in or be destined for a foreign country.

FMCSA Responds to Teamsters baseless and frivolous lawsuit.

Teamsters filed a lawsuit to banish Mexican trucks from the US back in March and OOIDA was quick to jump into the lawsuit as always. Bear in mind, both of these entities have tried and failed, numerous times over the past two decades and been slapped down by the courts each time.

The latest absurdity comes from OOIDA who seems to be the only one of late filing motions within the action. This time, they are asking the Court to order the USDOT and FMCSA to enter into the record, the entire FMCSA/USDOT Motor Carrier database for the courts inspection. Of course, this is needless and nothing more than an effort to drag this thing out.

The USDOT, through their attorneys replied to this ridiculous petition for review recently.

These are the points they made:

  • The report to Congress is not subject to judicial review
  • The Pilot Program was fully consistent with all statuatory requirements
  • A challenge to the commercial drivers license regulation is both time barred and meritless

You can download the response at the following link

[GARD]

 

This post is part of the following threads: Mexico Cross Border Pilot Program, Mexico Trucking – ongoing stories on this site. View the thread timelines for more context on this post.

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